USHA RAJKHOWA & ORS. versus PARAMOUNT INDUSTRIES & ORS.

USHA RAJKHOWA & ORS. versus PARAMOUNT INDUSTRIES & ORS.

In absence of specific finding or evidence of contributory negligence by car driver, restriction of compensation is unwarranted. Burden to prove contributory negligence was on insurer, which was not discharged. The doctrine of res ipsa loquitor applies; accident caused solely by negligent truck driving. Full compensation as assessed should be awarded.

Parties
Appellant: Usha Rajkhowa & Ors.; Respondent: Paramount Industries & Ors.
Jurisdiction
India
Judgment Date
17 February 2009
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed; compensation awarded in full.
Legal Topics
Motor Accident Compensation, Contributory Negligence, Res Ipsa Loquitor, Burden of Proof, Quantum of Compensation
Tort Law Motor Vehicle Law Insurance Law Motor Accident Compensation Contributory Negligence Res Ipsa Loquitor Burden of Proof Quantum of Compensation

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Parties

Usha Rajkhowa & Ors.

Appellant

Paramount Industries & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the compensation for fatal motor accident can be restricted due to contributory negligence of the car driver
  2. 2 Whether insurer proved breach of duty by car driver
  3. 3 Applicability of the principle of res ipsa loquitor

Ratio Decidendi

In absence of specific finding or evidence of contributory negligence by car driver, restriction of compensation is unwarranted. Burden to prove contributory negligence was on insurer, which was not discharged. The doctrine of res ipsa loquitor applies; accident caused solely by negligent truck driving. Full compensation as assessed should be awarded.

Court Disposition

Appeal allowed; compensation awarded in full.

Orders

  • Award of Tribunal and judgment of High Court modified to direct full compensation to appellants.
  • Compensation of Rs.13,12,600/- (including Rs.2,000 funeral expenses and Rs.5,000 loss of consortium) with interest @ 9% p.a. from date of claim petition to be paid by United India Insurance Company Ltd.